Supreme Court: Supreme Court asked - what was the hurry to disqualify Azam from the assembly

Pankaj Prasad
Supreme Court asked what was the hurry to disqualify Azam from the assembly
Supreme Court asked what was the hurry to disqualify Azam from the assembly

Azam Khan was convicted on October 27 by the MP-MLA court in Rampur in the 2019 provocative speech case and sentenced to three years' imprisonment.

The Supreme Court has sought answers from the UP government and the Central Election Commission on the petition filed by senior SP leader Azam Khan against his disqualification from the state assembly. Azam's assembly membership was canceled after he was sentenced to three years in jail in the inflammatory speech case.

A bench of Justices DY Chandrachud and Hima Kohli asked Additional Advocate General Garima Prasad, appearing for the Uttar Pradesh government, to file her reply on Khan's plea and also to refer her petition to the standing counsel for the Election Commission. The bench will next hear the matter on November 9. Prasad argued that the decision to disqualify Azam was in consonance with a judgment of the Supreme Court. To this the bench asked him that what was the hurry to disqualify the petitioner? You should have at least given them some time.

Earlier, the SP leader's counsel P. Chidambaram said that BJP MLA from Khatauli in Muzaffarnagar district Vikram Saini was also convicted on October 11 and sentenced to two years, but no decision has been taken on his disqualification. At the same time, he said that the urgency in this matter is that the Election Commission is going to issue a gazette notification announcing the by-election for Rampur Sadar seat on November 10. He said that the judges of the sessions court are on leave for a few days and the Allahabad High Court is closed, so he could not go there against his conviction and sentence. To this, the bench asked Prasad why no action was taken in the matter of the Khatauli assembly seat.ย 

MP-MLA court sentenced to three years

Azam Khan was convicted on October 27 by the MP-MLA court in Rampur in the 2019 provocative speech case and sentenced to three years' imprisonment. On October 28, the Uttar Pradesh Assembly Secretariat declared Azam's disqualification and his assembly seat vacant.

Abdullah Azam's disqualification for assembly election upheld

, Mohammad Abdullah Azam Khan, son of senior SP leader Azam Khan, did not get relief from the Supreme Court either. The top court has upheld the high court's decision while dismissing Abdullah's plea challenging the Allahabad High Court order. The High Court had ordered annulment of Abdullah's 2017 election to the Uttar Pradesh Legislative Assembly.

On Monday, a bench of Justice Ajay Rastogi and Justice BV Nagarathna, while delivering the verdict on the petition of Abdullah Azam against the order of the High Court, said that we have dismissed the petition. The bench had reserved its order in the matter on September 20. In December 2019, the Allahabad High Court had disqualified Abdullah from contesting elections because he was below 25 years of age. He had filed his nomination papers as SP candidate from Swar assembly seat in 2017 and won. The matter pertains to Abdullah's two birth certificates. Abdullah had allegedly given a wrong date of birth while filing his nomination papers for the 2017 assembly elections. Salary and allowances have been recovered from Abdullah

About Rs 53 lakh has been recovered from SP MLA Abdullah Azam for the salary and allowances of the last term. Now there is no liability on them. According to sources in the Assembly Secretariat, Abdullah was given a notice to recover the payment of salary and allowances for about 32 months. Abdullah has deposited about Rs 53 lakh to get a no-objection certificate from the assembly for filing nomination papers in the 2022 elections.